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(영문) 서울중앙지방법원 2019.12.16 2018가단5272127

사해행위취소

Text

1. As to KRW 25,514,371 and KRW 25,441 among the Plaintiff, Defendant A shall be from December 17, 2018 to March 30, 2019.

Reasons

1. Claim against the defendant A;

A. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Claim against the defendant B

A. Basic facts 1) On February 5, 2016, the Plaintiff entered into a credit guarantee agreement with Defendant A to guarantee the principal and interest of a loan to be borne by Defendant C Bank by the Plaintiff (hereinafter “instant credit guarantee agreement”) with the terms of a credit guarantee agreement stipulating that the principal and interest of a loan to be borne by Defendant C Bank shall be KRW 40,000,000,000, and the term of guarantee shall be

(2) Defendant A submitted a credit guarantee certificate issued under the instant credit guarantee agreement and borrowed KRW 40,00 from C Bank, but lost the benefit of time due to delayed payment of the principal and interest of the loan on September 6, 2018.

3) On December 17, 2018, the Plaintiff subrogated for KRW 25,441,471 to C Bank, and disbursed KRW 72,900 at the expense for the execution, preservation, etc. of claims. 4) Meanwhile, Defendant A, on September 19, 2018, sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant B for KRW 270,000,000, and concluded a sales contract with the effect that the down payment shall be paid on November 19, 2018 (hereinafter “instant sales contract”). Defendant B completed the registration of ownership transfer on each of the instant real estate on October 24, 2018.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 8, Eul evidence 1 (including each number), the purport of the whole pleadings

B. The existence of the preserved claim 1 ought to be protected by the obligee’s right of revocation, in principle, prior to the commission of an act that can be viewed as a fraudulent act. However, there exists a legal relationship that has already been based on the establishment of the claim at the time of the fraudulent act, and there is a high probability as to the establishment of the claim in the near future by based on the legal relationship.